On September 8, 2016, the United States Department of Education and the United States Department of Justice’s Office of Community Oriented Policing Services (“COPS”) jointly released new guidance regarding school resource officer programs. The new Safe School-based Enforcement through Collaboration, … Read more

On June 19, 2015, the governor signed into law a series of protections for unpaid interns. The new law, Public Act No. 15-56, extends the prohibitions on discrimination and harassment from the Connecticut Fair Employment Practices Act (“CFEPA”) to … Read more

In recent years, there have been increasing concerns involving discrimination faced by the transgender community. Not surprisingly, these concerns have centered on the challenges faced by gender non-conforming students and whether the needs of such students are being met by … Read more

In response to the Ebola epidemic, the U.S. Department of Education (“USDOE”) has issued a letter to schools and districts providing updated guidance and resources to assist schools and communities in establishing practices and protocols related to Ebola, as well … Read more

On April 22, 2014, the United States Supreme Court decided Schuette v. Coalition to Defend Affirmative Action. The case centered on the issue of whether a state may, by a constitutional amendment, bar the use of affirmative action in … Read more

A high school teacher in Michigan has filed suit in federal court against Arbor Public Schools after the school district ordered her to undergo a psychological examination as a condition for continuing her employment.

The U.S. Department of Justice (DOJ) has filed suit on behalf of a Muslim employee against the Philadelphia School District, alleging that the school district’s employee grooming policy discriminates against him on the basis of religion. In 2010 the school … Read more

Title VI of the Civil Rights Act of 1964 prohibits public school systems that receive federal funding from intentionally discriminating on the basis of race, color, or national origin. A school district can be liable for intentional discrimination when it … Read more

Two recent decisions, one from the Sixth Circuit of Appeals and the other from the Ninth Circuit of Appeals, interestingly with both decisions having a plaintiff named Johnson, offer clarification of the accommodations required by school districts pursuant to the … Read more

In Thompson v. North American Stainless, LP, a decision released on January 24, 2011, the United States Supreme Court clarified that Title VII retaliation claims for adverse employment actions are not limited to the employee who files the original … Read more

Schools need to review their employment policies to ensure compliance with regulations clarifying the employer’s obligations under the Genetic Information Nondiscrimination Act, more commonly referred to as “GINA”. These regulations went into effect on January 9, 2011. In particular, Boards … Read more

In Jones v. Oklahoma City Public Schools, a federal appeals court held that a school employee who was demoted and replaced with a younger worker can pursue her age discrimination claim. Judy Jones began working as a teacher for … Read more

In Christian Legal Society v. Martinez, the U.S. Supreme Court ruled that Hastings College of the Law (“Hastings” or the “law school”), a public law school in California, did not violate the First Amendment when it required a student … Read more

Title IX of the Education Amendments of 1972 (“Title IX”) and its implementing regulations provide, among other things, that schools that receive federal funds must provide equal athletic opportunities for both sexes. The Office of Civil Rights (“OCR”) uses a … Read more

Through several cases issued in the past two years, the United States Supreme Court has clarified that, in all civil cases, a plaintiff must plead factual content that allows the court to draw a reasonable inference that the defendant is … Read more

Employers with 15 or more employees must now update the information they post regarding discrimination laws to include information about the newly enacted Genetic Information Non-Discrimination Act of 2008 (GINA). GINA prohibits employers from discriminating against employees on the basis … Read more

By legislation effective January 1, 2009, Congress expanded the scope of the Americans with Disabilities Act (“ADA”) so that a greater number of individuals will be considered “disabled” or be “regarded as disabled.” This legislation was intended to reverse the … Read more

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